Relates to smoking restrictions on playgrounds and enforcement by park police.
TITLE OF BILL: An act to amend the public health law, in relation to prohibiting smoking at playgrounds
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to place restrictions on smoking on playgrounds
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the Public Health Law by adding a new section 1399-0-1 that places smoking restrictions at playgrounds.
1. Smoking is not permitted between sunrise and sunset when one or more persons under the age of 12 are present at the playground. For the purposes of this section, playground is defined as an improved area designed, equipped, and set aside for play by six or more children and is not intended to be used as an athletic playing field or athletic court and shall include any play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures, Playgrounds or playground equipment constructed on one, two, and three-family residential real property are exempt from the requirements of this section, This section shall not apply to any playground located within the city of New York.
2. No police officer, peace officer, regulatory officer or law enforcement officer may arrest, ticket, stop or question any person solely or in part on an alleged violation of subdivision one of this section, nor may an alleged violation of subdivision one of this section support probable cause to conduct any search ox limited search of any person of his or her immediate surroundings.
JUSTIFICATION: This legislation is intended to protect the health of children who are more vulnerable to the ill effects of second-hand smoke than adults. Historical data has consistently demonstrated that children are significantly affected by second-hand smoke. Second-hand smoke puts them at risk of severe respiratory diseases and often hinders the growth of their lungs. Second-hand smoke (SHS) exposure increases the risk of lower respiratory tract infections such as bronchitis and pneumonia. The United States Environmental Protection Agency (EPA) estimates that annually between 50,000 and 300,000 of these cases, consisting of infants and young children, are attributable to SHS exposure. Between 7,500 and 15,000 of these cases will result in hospitalization. SHS exposure impairs a child's ability to learn. It is a neurotoxin even at extremely low levels. More than 2.9 million children are estimated to be at risk of reading deficits because of SHS. Higher levels of exposure to SHS are also associated with greater deficiency in math and visuospatial reasoning.
Opinion polls indicate that the vast majorities of the public support smoking restrictions and ordinances and therefore, laws are being established to reflect this opinion. Most recently, New York State has banned smoking on train platforms New York City has no smoking regulations on all playgrounds, parks and some public squares as of 2010. Smoking has been banned on domestic and international flights, in most schools, restaurants, public transit, sections of beaches and
various indoor facilities. There were ordinances in more than 1,727 communities that ban or restrict smoking in indoor environments.
PRIOR LEGISLATIVE HISTORY:
S.7627 -2012- referred to Health; Passed the Assembly S.5005 - 2009-10 - referred to Health; Passed the Assembly A.7469C -2007-08 - Passed the Assembly S.7153 - 2006 - Referred to Health
FISCAL IMPLICATIONS: The fiscal implications could possibly include revenue gains by the regional and said jurisdictions.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1643 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting smok- ing at playgrounds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 1399-o-1 to read as follows: S 1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS. 1. SMOKING SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE DURING THE HOURS BETWEEN SUNRISE AND SUNSET, WHEN ONE OR MORE PERSONS UNDER THE AGE OF TWELVE ARE PRESENT AT ANY PLAYGROUND. FOR THE PURPOSES OF THIS SECTION, THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET ASIDE FOR PLAY OF SIX OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE AS AN ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY EQUIPMENT, SURFACING, FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND FORMS, VEGETATION, AND RELATED STRUCTURES. PLAYGROUNDS OR PLAYGROUND EQUIPMENT CONSTRUCTED UPON ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION. THIS SECTION SHALL NOT APPLY TO ANY PLAYGROUND LOCATED WITHIN THE CITY OF NEW YORK. 2. NO POLICE OFFICER, PEACE OFFICER, REGULATORY OFFICER OR LAW ENFORCEMENT OFFICIAL MAY ARREST, TICKET, STOP OR QUESTION ANY PERSON BASED SOLELY OR IN PART ON AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS SECTION, NOR MAY AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS SECTION SUPPORT PROBABLE CAUSE TO CONDUCT ANY SEARCH OR LIMITED SEARCH OF ANY PERSON OR HIS OR HER IMMEDIATE SURROUNDINGS. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04782-01-3